Personal injury claim – everything you wanted to know

Personal injury claim – everything you wanted to know

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Almost every person encounters tort law during his life. This is the broadest and most comprehensive field of civil law. It includes diverse topics and requires from the lawyers dealing in tort claims, specialization in several key areas such as: an understanding of personal injuries and their medical aspects, together with knowledge and experience in claims against the state, the National Insurance Institute, insurance companies, health funds and hospitals and more.

Let's put some order in tort law.

What does a personal injury claim include?

A personal injury claim means any claim created due to physical or mental injury that has been submitted to a court whether the claim is against a state, public or private institution and this includes injuries that occurred for various reasons. A personal injury claim can be following a car accident or a work accident, injury as a result of an obstacle on the road, injury due to the negligence of the local authority, injury in the context of sports, medical negligence and more.

What is required when filing a personal injury claim? First of all, it is necessary to prove what exactly happened at the time of the accident/injury? and prove the connection between the incident and the physical or mental harm that happened to the victim. In a medical malpractice claim, a causal relationship that caused the medical malpractice and its results must be proven. In a work accident, it must be proven that it is an accident that meets the criteria of the National Insurance, and thus in each of the tort areas, an expert lawyer with extensive experience is needed to prove the damage and the connection between the incident and the medical condition.

In order to prove this, the lawyer of Dini Nizkin, needs the opinion of expert doctors in the field concerning the claim. Also, he sometimes has to deal with opposing opinions from the defendants or experts appointed by the court.

In cases where medical committees of the National Insurance are necessary, the lawyer must be knowledgeable in this field in order to deal with the doctors of the National Insurance Institute.

Beyond the legal aspects that require the selection of a lawyer specializing in tort law in order to be successful in accepting the claim by the court, there is the issue of determining the extent of the damage caused to the victim. This is done by determining disability percentages according to the type of injury and its results. Determining the percentage of medical disability has a decisive significance regarding the amount of compensation the victim will receive. Of course, each injury is different and has a different meaning depending on the characteristics of the victim such as: his age, his salary, expenses that he has incurred in the present and will incur in the future, the issue of pain and suffering and other characteristics that the court takes into account when determining the amount of compensation.

All this shows that success in a tort claim requires a calculated and comprehensive action of Personal injury lawyer In order to be able to maximize the compensation according to the severity of the injury.

When should I file a tort claim?

First of all, don't decide on your own on such a complex issue. The best thing you can do is contact and consult an expert lawyer in the tort field and ask his opinion.

Such an initial contact does not cost money and thus you will receive the most tested answer from a professional in his field of activity. Are you hurt, injured? Contact a lawyer and consult.

But before you get advice and before it's too late, you must keep all the documents and photographs from the incident in which you were injured. Everything you collect can help in making a decision as to whether there is room for a lawsuit and of course later on this will help in obtaining the maximum compensation. The collection of materials includes medical documents, photographs from the scene of the incident, a police report in the event of a traffic accident, documents from the workplace at the time of a work accident, and the like.

How does a lawyer prepare and submit the claim?

A lawyer with expertise and experience carefully examines all the documents submitted to him. If necessary, he takes care of completing missing documents. If necessary, he turns to experts in the field of injury and requests a medical opinion. Only after all the information is in his hand does the lawyer decide on the way to file the lawsuit and formulate the statement of claim in order to achieve the best exploitation of rights for the client.

There are several key stages to the tort claim process. The initial and preliminary stage as mentioned is the stage of collecting the material. It is important that the victim has all the material, including the factual and medical material that will help clarify the legal question and prove the damage.

Personal injury claims are conducted against different parties. In case of a work accident, the claim is against the National Insurance. If the answer is negative, the path leads to a claim submitted to the Regional Labor Court. Also, later on, the victim has the right to appeal the decision before the National Labor Court. Dealing with the National Insurance includes both accompanying the lawyer to the medical committees and to the medical appeal committees.

In addition, there are cases of injury while a lawsuit can also be filed against the employer in cases where it can be proven that his negligence caused the accident.

When it comes to car accidents, which is the most common case, the claim is filed against the insurance company that insured the vehicle. But even in these cases it is not simple, since traffic accident laws require the consultation and support of an expert lawyer in the field.

When the claim is for damage caused by medical negligence, the claim can be against the doctor himself, if it is a private doctor and against his insurance company or against the health insurance fund that is his employer or against the private, public or state-owned hospital where the negligence occurred. Sometimes the claim is more complex and includes several entities together. A medical malpractice claim requires a lot of knowledge from the lawyer and also his need for the opinion of expert doctors in the field of the claim itself.

Conclusion: Personal injury claims require the collection of documents, an initial consultation with an expert lawyer in the field, making a decision on filing a claim, managing the claim file through a lawyer who knows the field and accompanies the client through all the steps until receiving the appropriate compensation for his injury.

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